Articles Posted in Spousal Support

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A court may award Texas spousal maintenance in a divorce case if the spouse seeking maintenance meets the statutory requirements.  Generally, a spouse seeking maintenance must show that they lack sufficient property to provide for their own minimum reasonable needs and meet one of the other statutory conditions, including being unable to earn sufficient income due to an incapacitating disability.  Tex. Fam. Code § 8.051.

“Minimum reasonable needs” is not defined in the Texas Family Code.  The court therefore has the discretion to determine a party’s minimum reasonable needs based on the facts and circumstances of the case.  Courts consider expenses including housing, clothing, and transportation. A former husband recently challenged the divorce decree that ordered him to pay spousal maintenance, arguing the wife had not proven her minimum reasonable needs.

The parties got married in Australia in 2009 and subsequently moved to Texas.  Although the husband had a high-paying job, the wife only earned up to $10.50 per hour.  She had significant mental and physical health issues that resulted in her unemployment in 2017.

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Texas spousal maintenance is only awarded under certain specific circumstances. The Texas Family Code sets out guidelines for the duration of a spousal support order, but the obligation to pay future maintenance also terminates on the death of either party, remarriage of the former spouse receiving maintenance, or upon a finding the former spouse receiving maintenance is cohabiting with a romantic partner. Tex. Fam. Code § 8.056.

In a recent case, a Texas appeals court considered whether a former husband’s obligation to pay property taxes should have been terminated with the monthly spousal maintenance when the former wife was cohabiting with a romantic partner.

Divorce Decree

The 2014 final divorce decree awarded the former husband as separate property “all rights, title, and interest” in a particular piece of real estate in San Antonio.  It also awarded the former wife a life estate in that property.  The husband was ordered to pay $1,500 in monthly spousal support, as well as the mortgage payments as “an additional spousal support obligation.”

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Texas spousal maintenance is generally intended to provide temporary rehabilitative support to spouses who are unable to support themselves.  The appeals court recently reviewed a case in which spousal maintenance was ordered “in lieu of child support” for the parties’ now adult daughter, who is disabled.

The parties divorced in 1998. The trial court issued a modification order in 2014 that, “upon agreement of the parties,” the father would pay $1,096.55 per month in spousal maintenance in lieu of child support, purportedly to allow the daughter to qualify for more disability benefits.  Additionally, any payments received for the benefit of the child, including from the Social Security Administration, were to be credited against the spousal maintenance.

Enforcement and Modification Proceedings

Each of the parents remarried.  The mother’s husband passed away in 2020.  She petitioned for enforcement of the spousal maintenance in early 2022, alleging the father had not made payments from June to December of 2021.  The father filed a counter-petition, seeking to terminate the maintenance based on his retirement and the daughter getting half his Social Security Old Age Benefits (“SSOAB”), totaling $1,466 monthly plus increases for cost-of-living.

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A court may order Texas spousal maintenance to a spouse who lacks sufficient property on dissolution and the ability to earn sufficient income to provide for their own minimum reasonable needs if the parties have been married for at least 10 years. Tex. Fam. Code § 8.051. A former husband recently challenged a spousal maintenance award, arguing the wife had not presented any evidence to overcome the presumption that maintenance is not warranted unless the spouse has been diligent in earning sufficient income to meet their minimum reasonable needs or in developing the skills they need to do so during separation and while the divorce proceedings are pending.

Divorce Proceedings

The parties got married in 2010 and had a child in 2016.  They separated in November 2021 and the husband petitioned for divorce in early 2022.

By the time the trial occurred, the parties had been married for 13 years.  The wife had been a stay-at-home mom since the birth of the child.  She started doing marketing for her parents from home shortly before the trial because she said the judge told her she needed to start working.

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Courts are required to divide marital estates in a just and right manner in a Texas divorce.  A court may divide the estate unequally, but must have a reasonable basis to do so.  Courts may consider a number of factors in making that determination, including the parties’ relative physical conditions, their relative financial conditions, disparity in their ages, the value of their separate estates, disparity in income or earning capacity, and the nature of the property.  A husband recently appealed a disproportionate division.

Divorce Proceedings

The parties were married for 27 years and their children were all adults at the time of the divorce.  The husband had been working for the Border Patrol since September 2022 and participated in the Federal Employees Retirement System (“FERS”).  He testified he was not eligible to collect the benefits yet.  He also testified he contributed to a Thrift Savings Plan, which is similar to a 401(k) for civil servants, with a balance of $135,734.73.  His net earnings, not including overtime, were $4,500.34 per month.  Tax records showed he earned $114,626.75 from his job as a border patrol agent in 2017 and $120,674.96 in 2018.  He also testified he prepared taxes as a side job and earned an extra $24,800 in 2019.

The wife testified she was earning a monthly net income of $1,807.64, totaling $21,691.68 per year.  She testified she had $2,229.97 in monthly expenses.  The husband disagreed with her net monthly earnings, but agreed it was insufficient to cover her monthly expenses. The wife also testified her retirement account was worth $6,168.78.

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The purpose of Texas spousal maintenance is to give a spouse temporary rehabilitative support after deterioration of their ability to support themselves while taking care of the home and family during the marriage. Spousal maintenance is only available if the spouse meets certain statutory requirements.  A former husband recently challenged a spousal maintenance award.

The wife petitioned for divorce after about 28 years of marriage and sought spousal maintenance.  In the final decree, the trial court ordered the husband to pay her $2,000 per month for five years.

The husband appealed, challenging the wife’s eligibility, as well as the amount and duration of maintenance ordered.  The wife argued there was an agreed decree and the husband had waived his right to challenge it.

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A spouse paying Texas spousal maintenance may seek modification if there has been a material and substantial change in circumstances, which may include significant change in their income.  In a recent case, a former husband challenged a modification award based on the modified amount of maintenance as well as the court’s denial of his request to apply the modification retroactively.

The parties’ 2011 Agreed Final Divorce Decree ordered the husband to pay $1,150 in monthly spousal maintenance until the wife remarried or died or until her disability was removed or the trial court otherwise rendered a new order.  The husband earned about $80,000 per year at the time.

Motion for Modification

The husband petitioned for modification in November after he retired the previous June.  The court granted the modification in an order signed in June 2019, although the hearing occurred in May 2016.  The court granted the husband’s motion for reconsideration and vacated the order.

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Trial courts are permitted to award Texas spousal maintenance in only limited circumstances.  If the spouse meets the eligibility requirements for maintenance, the court must consider a number of factors to determine the nature, amount, and duration.  Tex. Fam. Code § 8.052. Spousal maintenance is limited to the lesser of $5,000.00 or 20% of the spouse’s average monthly gross income. Certain items are excluded from “gross income,” including service-connected Veterans Affairs disability payments, supplemental security income (“SSI”), social security benefits, or disability benefits. Tex. Fam. Code § 8.055.  A husband recently challenged an order requiring him to pay spousal maintenance.

Wife Seeks Spousal Maintenance

According to the appeals court’s opinion, the parties got married in 2006 and the wife filed for divorce in 2019.  The wife sought spousal maintenance pursuant to Chapter 8 of the Texas Family Code and based on “contractual alimony.” She testified she was unable to work due to medical issues.  She said she lived with her daughter and did not have any income.

The wife testified the husband received $3,809.02 monthly from the Department of Veterans Affairs (“VA”) and $816 per month in social security.  She also testified that he also earned income by performing in a band.  She said he was paid under the table and was unable to estimate how much he earned.

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Pursuant to Texas Fam. Code § 8.051, the court may award Texas spousal maintenance to a spouse who lacks sufficient resources to provide for their own minimum reasonable needs if the other spouse was convicted of or received deferred adjudication for a criminal offense that constituted an act of family violence against the spouse or the spouse’s child and the offense occurred within two years before the divorce case was filed or while it was pending.  Additionally, the court may award maintenance to a spouse who lacks sufficient resources to provide for their own minimum needs if they: are unable to earn sufficient income to provide for their minimum reasonable needs due to an incapacitating disability; lack the ability to earn sufficient income after being married to the other spouse for at least 10 years; or are the custodian of the parties’ child with a disability who requires substantial care and supervision that prevents the custodial parent from earning sufficient income.  A husband recently appealed a spousal maintenance award, arguing there was insufficient evidence that the wife was eligible for maintenance.

Wife Seeks Spousal Maintenance

The husband petitioned for divorce after seven years of marriage, alleging insupportability.  He requested the court to appoint the parties joint managing conservators of their child.

The wife also alleged the marriage was insupportable, but also alleged cruel treatment and “a history or pattern of committing family violence” by the husband.  She alleged she would not have adequate resources to meet her minimum reasonable needs and sought spousal maintenance.  She claimed she was eligible to receive spousal maintenance as a result of “domestic violence.”

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A Texas divorce case can become more complicated for spouses with a child with complex medical needs.  In addition to addressing issues related to custody and decision-making, the divorce may also have to address spousal maintenance for the child’s primary caregiver.  In a recent case, a husband appealed an unequal property division and a spousal maintenance award in favor of the wife, who acted as primary caregiver for the children.

According to the appeals court’s opinion, the parties had preterm triplets, one of whom was a “medically fragile child,” “Andy.”  The wife stopped working outside the home and became their primary caregiver.

The husband filed for divorce in 2019.  The wife subsequently negotiated a job with the non-profit she co-founded.

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